Section 1 Short title
This Act may be cited as the “Increased Cost of Compliance Modernization Act of 2023”.
Increased Cost of Compliance Modernization Act of 2023
A BILL
To increase coverage under the National Flood Insurance Program for costs of compliance, and for other purposes.
Sec. 2 Increased cost of compliance coverage
Section 1304(b) of the National Flood Insurance Act of 1968 (42 U.S.C. 4011(b)) is amended—
in paragraph (4), by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and adjusting the margins accordingly;
by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and adjusting the margins accordingly;
by striking “(b) Additional coverage for compliance with land use and control measures.—The national” and inserting the following:
“(b) Additional coverage for compliance with land use and control measures
“(1) In general—The national”
by striking the last sentence (relating to surcharge); and
by adding at the end the following:
“(2) Coverage amounts
“(A) Basic coverage—Unless a policyholder chooses additional coverage pursuant to subparagraph (B), the Administrator shall make available coverage provided under paragraph (1) in an amount equal to 20 percent of the maximum amount of flood insurance coverage allowable under section 1306(b)(2) (42 U.S.C. 4013(b)(2)) with respect to a residential building described in such section.
“(B) Additional coverage—The Administrator may offer, and a policyholder may choose to purchase for an additional premium, coverage provided under paragraph (1) in an amount greater than that offered pursuant to subparagraph (A), but not exceeding an amount equal to 40 percent of the maximum amount of flood insurance coverage allowable under section 1306(b)(2) (42 U.S.C. 4013(b)(2)) with respect to a residential building described in such section.
“(C) Treatment of coverage limits—Any amount of coverage for a property provided pursuant to this subsection shall not be considered or counted for purposes of any limitation on coverage applicable to such property under section 1306(b) and any claim on such coverage shall not be considered a claim for purposes of identifying properties with multiple losses.
“(3) Premiums—The Administrator shall charge risk premium rates for coverage made available pursuant to this subsection in accordance with section 1307(a)(1).
“(4) Assignment of coverage for mitigation grant cost share requirement
“(A) In general—A policyholder may assign the rights or benefits of the coverage made available under this subsection to a governmental entity for the purposes of using payments made for a claim against coverage made available under this subsection to satisfy a required non-Federal contribution for a flood-related mitigation project funded by a mitigation assistance program described in clause (i), (ii), or (iii) of paragraph (1)(D).
“(B) Eligible expenses—If a policyholder assigns rights or benefits of coverage pursuant to subparagraph (A), a required non-Federal contribution for a flood-related mitigation project funded by a mitigation assistance program described in clause (i), (ii), or (iii) of paragraph (1)(D) shall be an eligible expense for coverage made available under this subsection.
“(C) Terms and conditions—The Administrator may adopt procedures for assigning rights or benefits of coverage pursuant to subparagraph (A).
“(5) Implementation—Notwithstanding any other provision of law, the Administrator may implement this subsection by adopting one or more standard endorsements to the Standard Flood Insurance Policy by publication of such standards endorsement in the Federal Register or by comparable means.”